Manager obtains IT contracts from FS Office by deception

2000-3-14

An IT company executive, who obtained homepage design contracts from various organisations, including the Financial Secretary's Office, by fraudulent and deceptive means, was sentenced to 190 hours of community service today (Tuesday).

Fung Ngai-man, 37, now sales manager of 24/7 Media Asia Limited (24/7 Media), a subsidiary of China.com Corporation Limited (China.com), was earlier found guilty of 11 offences, including deception, dishonest access to computer and conspiracy to defraud.

Fung was also ordered to pay $5,000 in court costs.

Magistrate Mr Robert McNair at San Po Kong Court said the offences committed by the defendant constituted a breach of trust.

The court heard that Fung had been employed by Net Power Limited (Net Power). Since August 1998, he was moonlighting at China.com without the knowledge of Net Power and was promised a 6% commission for every contract he secured for China.com.

On October 13, 1998, Fung obtained a homepage design contract valued at $114,280 from the Business and Services Promotion Unit (BSPU) of the Financial Secretary's Office on behalf of China.com by falsely representing that China.com was an agent of Net Pow er.

Fung also entered into a contract with Ad-link Communications Limited valued at $107,600 for a compact disc design and production contract on behalf of China.com in the same month by similar dishonest means.

Fung was also found to have passed on confidential business information of Net Power to China.com and another company for the purpose of diverting business from Net Power, between July and October 1998. Such information was transmitted through e-mails.

Meanwhile, Fung was also convicted of conspiring with Tam Tin-yau, executive director of Cyber Net Information & Technology Limited (Cyber Net), to defraud two companies by dishonestly representing that Cyber Net was a subsidiary of China.com, causing tho se companies to award home page design contracts to Cyber Net.

Tam earlier pleaded guilty and was sentenced to 150 hours of community service today.

The prosecution was today represented by Phil Chau on a fiat, assisted by ICAC officer Dickens Wong.
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